525 Lake Cook Road Prefiling Conference Petitioner's Plans 032521

Village of Deerfield – Plan Commission and BZA Applications

Contents of Submittal

1. Cover applications with addendum explaining the projects

2. Survey

3. Site Plan

4. Landscape Plan

5. Renderings

6. Photo of typical Fiber Enclosure with 8-foot chain-link fence (including 12" Y-shaped barbed wire)

7. Photo of typical Battery Enclosure

8. Antenna Support Structure Detail

9. Photo of Antenna Support Structure Material

10. Indemnity Agreement

11. Proof of Ownership

12. Conditional use approval - 1968

B o a r d o f The Village of D e e r f i e l d Zoning Appeals Petition

This form must be completed and submitted with the appropriate fee to the Office of the Director of Community Development.Two sets of all required documents must also be submitted with this petition.A public hearing will not be scheduled on the petition until all required submissions are on file with the Director’s office.

APPLICANT/PETITIONER:

Name Home Phone #

Address Business Phone #

E-Mail Address Cell Phone #

OWNER FORTHE PROPERTY FORWHICHTHE REQUEST IS MADE:

Name Home Phone #

Address Business Phone #

E-Mail Address Cell Phone #

NOTE: If the owner of the property is not the applicant (petitioner) listed above, a letter from the owner must accompany this petition which authorizes the applicant (petitioner) to see the action being requested. If the “owner” of the property is a trust or a bank, a letter of direction from the trustee of the trust or the bank authorizing the petition must be attached.

NATURE OF REQUEST:

Variation of Zoning Requirements Modification of Fencing Provisions Modification of Sign Provisions Modification of Screening Provisions

Appeal from an Order, Requirement, Decision, or Determination Made by the Director of Community Development or Other Authorized Official of theVillage Having Jurisdiction Under the Zoning Ordinance

Extension ofTemporary Occupancy Permit Other Matter (Please Specify)

Page 1 of 17

REQUIRED SUBMISSIONS FOR ALL PETITIONS:

A letter which contains a short detailed description of the requested variation or modification, addressing each of the applicable standards listed on page 3.

Legal Description of the subject property and spotted survey of the property.

An accurate site plan of the property drawn to scale showing lot and setback dimensions as found on the spotted survey and indicating the location and setback dimensions of the proposed structure(s).

Proof of Ownership of the property.

If in a LandTrust, an affidavit stating the beneficial interest(s) in theTrust.

Letters of Authorization/Direction if required as outlined above.

Other documents and information as deemed necessary to render a recommendation.*

Floor plan of the existing structure showing how it relates to the request, if applicable.

Fee ($175.00)

*In the case of a request for a yard variation to accommodate an addition, construction drawings showing floor plan relationship to existing structure

*In the case of a request for fence modification fully dimensioned drawings, including elevations.

*In the case of a request for sign modification fully dimensioned drawings showing colors, text, method of illumination, method of mounting, and elevations.

Page 2 of 17

Village of Deerfield – Addendum to Applications

Introduction and Summary of Approvals Requested

Commonwealth Edison ("ComEd") proposes four improvement projects at its electrical substation (the "Substation") located at 525 Lake Cook Road (the "Property") in the Village of Deerfield (the "Village"). First, ComEd proposes to install a 104-foot Essential Services--Antenna Support Structure (called more formally by ComEd a Smart Grid distribution automation device monitoring support structure, the "Structure"). Second, ComEd proposes to install an upgraded and more secure fence around the perimeter of the Substation (the "Fence") to comply with federal directives for increased protection of the country's critical infrastructure facilities (which include electrical substations). Third, ComEd proposes to install up to three, low-height (13 feet), approximately 244 square-foot unmanned utility enclosures supporting communications infrastructure primarily for enhanced distribution system resiliency, reliability and functionality (the "Fiber Enclosures"). Finally, ComEd proposes to install an additional low-height (13'-6") unmanned utility enclosure housing batteries (DC power) supporting the implementation of a voltage optimization project at the Substation (the "Battery Enclosure").

Significantly, ComEd is also proposing a comprehensive phased landscape screening plan along the north and east sides of the Substation, those property lines facing Lake Cook Road and neighboring commercial property to the east. An existing dense tree line already separates the Substation from commercial property to the south. Bushes and other vegetation screen the Substation from the railroad right-of-way to the west.

At completion of the overall project, the Substation will be fully modernized and better protected, while any ground-level aesthetic impact will be substantially mitigated by new property line dense plantings, tree preservation (to the greatest degree possible) and existing trees and shrubs to be left undisturbed.

Notably, the Appearance Review Commission ("ARC") voted unanimously to provide a Certificate of Approval for the overall project at its February 22, 2021 meeting.

Given that the existing R-1 zoning of the Substation is, in essence, a "legacy" district which is not consistent with the pattern of surrounding land uses, ComEd is requesting that:

(1) its Property be rezoned from the existing R-1 Single Family Residential ("R-1") zoning district to the C-2 Outlying Commercial District ("C-2") consistent with the C-2 zoning district surrounding the Substation along the south side of Lake Cook Road.

(2) the Deerfield Zoning Ordinance ("Ordinance") be amended to add a new definition of a freestanding "Essential Services--Antenna Support Structure" use (which the Structure would be) -- separate and apart from the existing general "Essential Services" use -- and to (a) allow such new use category as a Special Use only within the C-2 zoning district and (b) to allow the Structure to exceed the maximum C-2 height so long as the Structure receives Special Use approval;

(3) a Special Use be approved to allow for installation of a 104-foot Structure (which will hold five monitoring antennae) which includes the 100-foot main structure and a 4-foot-long lightning rod at the top;

(4) a Special Use be approved to allow for installation of both a 7-foot chain-link within the front yard and a 7-foot chain-link Fence with an additional 1-foot of Y-shaped barbed wire at the top; and

(5) a Variation be approved to allow for installation of the Battery Enclosure within the minimum front yard setback.

Pursuant to Village Ordinance No. 0-68-13 (a copy of which is included with this Application), ComEd need not request any additional use approvals for the Fiber Enclosures or Battery Enclosure because these items are essential facilities integral to the operation of the Substation and are thus covered under the existing Special Use (formerly known as a Conditional Use) for the Substation which is legally described to include all of the current Property. The Fiber Enclosures meet the applicable bulk standards provided under the Ordinance and, now that the ARC has issued its Certificate of Approval, this project element is included for reference only in this Application, its attached Site and Landscape Plan and its renderings. The Battery Enclosure, although meeting the use standard within the existing Special Use authority, requires a front yard setback variation, which is requested as part of the subject Application package.

As a regulated public utility and given that the Structure, Fence, Fiber Enclosures, and Battery Enclosure relate to core aspects of the electrical grid, ComEd respectfully suggests that the Village's land use authority may not apply to the company's implementation of the Structure, Fence, Fiber Enclosures, or Battery Enclosure at its Substation. Nonetheless, ComEd is voluntarily submitting this request in an effort to work on its project cooperatively with the Village.

Project Narrative

1a. Structure's role in and contribution to ComEd's Distribution Automation Network

The planned Structure at ComEd's Substation is part of the company's wide-ranging implementation of its multi-year "smart grid" initiative. The smart grid initiative includes an upgrading of the existing electrical distribution communication system with newer technology and infrastructure. The Structure will be a key aspect of that infrastructure and technological upgrade. Key resulting community benefits will be improved reliability of the electric grid (through the reduction of electrical outages and the duration of outages), and increased voltage efficiencies along each distribution line, resulting in smoother electric grid operations.

ComEd's new technology and infrastructure involves the creation of a ComEd-only radiofrequency ("RF") network in which sensors and monitoring devices being installed within distribution circuits and/or on distribution poles communicate in real-time with antennae support facilities like the Structure. The sensors and devices control and monitor equipment within the distribution lines such as line reclosures, cap banks and switches which are important for reliability and "voltage optimization" -- meaning, promotion as much as possible of a steady voltage through a particular distribution circuit (given that voltage on a distribution line tends to become less strong as the distance on the line increases from a particular substation). The Structure will only 2

communicate with ComEd's electrical devices/equipment on the electrical grid system. It will not be used for any commercial communication services (e.g., 5G or other cellphone technologies).

The benefit of the new wireless technology can be explained with reference to a lightning strike and its impact on a distribution line. With "legacy" technology, a lightning strike to a distribution line would likely cause removal of a larger portion of a distribution circuit -- and the customers served by such circuit -- until ComEd crews could determine the precise location of the strike and re-route power around the affected area. By contrast, once the newer wireless technology is deployed in a particular area, the sensors in the distribution circuit -- including at the top of a distribution pole -- would communicate the fault to receiving antennae on the Structure, which directly links to IT infrastructure tied into ComEd's centralized command and control center. The precise area of the fault is known and crews can be dispatched efficiently to the precise location. Furthermore, the proposed Structure's antennae can direct receiving equipment on the distribution lines how to switch power around the fault.

The efficacy of the new technology depends on clear, clean wireless communication and strong security given the criticality of the electrical grid to the nation's infrastructure system. Existing electrical substations have been selected for locations of the support structures since they offer necessary security, along with the indispensable link to the company's high-speed existing IT backbone network. The necessary IT equipment accompanying the Structure will be housed in an existing substation control building, so no new equipment enclosure is required, thereby minimizing any external "footprint" resulting from the upgraded technology. And electrical substations are already locations which often contain pre-existing taller electrical infrastructure (and/or community expectations for such taller infrastructure), mitigating visual concerns.

The request for a change in zoning, text amendment and Special Use approval (covering the 100-foot Structure and its 4-foot-tall lightning rod) is related to the need for five receiving and transmitting antennae on the Structure (each antenna mount is a very thin two inches in diameter, just under 5 feet long and installed only 3 feet from the Structure) to support the approximately 200 monitoring and sensing devices to be installed in Deerfield-area distribution circuits over the next two years.

Below is a computerized graphic which shows an existing "gap" in the ComEd distribution automation device monitoring network. The red "flags" indicate existing communication structures and the proposed structure on Lake Cook Road is assigned an orange flag.

The yellow dots are existing sensors and monitoring devices in the Deerfield area operating on ComEd's RF network. These devices are communicating wirelessly in particular to antennae located at ComEd substations in Highland Park (located on Skokie Highway just south of Park Avenue) and in Wheeling (just north of Palatine Road and east of Wheeling Road). The antennae on these structures are reaching capacity limits very quickly and in such circumstances would not provide optimum RF coverage for sensors and monitoring devices within the Village. This condition will only be aggravated as the additional approximately 200 devices are installed within Deerfield-area distribution circuits over the next two years. The graphic above dramatically illustrates the important role in the network that will be carried out by the proposed Structure on Lake Cook Road.

The five antennae proposed for the Structure are needed for proper RF capacity, since a reduced number of antennae on the Structure installed at lower heights would result in an overburdened and less effective wireless communication system (resulting in numerous "dropped" or "blocked" calls to use cellular telephone analogies) or "garbled" communications related to foliage interference. For proper system functioning, the lowest antenna should be installed at a minimum height of 35 feet to avoid foliage blockage. Each additional antenna must be installed a minimum of 15 feet away vertically to avoid technological interference. It is this required minimum spacing and the need for five antennae for effective network functioning which forms the basis for the Structure's 100-foot height. A reduced number of antennae are not enough to allow for seamless functioning of the Deerfield-area wireless technology imbedded in (or to be imbedded in) the distribution circuits and on distribution poles.

ComEd is careful and judicious in its selection of locations for new support structures. To the greatest extent feasible, ComEd installs its antennae on ComEd existing taller structures (other 4

than transmission towers where such installation is not feasible), such as taller rooftops or existing taller microwave towers. New structures are placed at substations which have physical space within the existing footprint (so that a physical expansion of the outer substation footprint can be avoided), space within an existing substation control building (so that development of a new equipment enclosure is obviated) and a secure link to the ComEd IT backbone. The Substation meets all of these criteria.

1b. Depiction of similar existing Structures

Similar 104-foot Smart Grid Distribution Automation Device Monitoring support structures can be found at ComEd's Willow Springs substation and its substation in Pleasant Hills (near West Chicago).

Willow Springs

The Willow Springs substation carries the common address of 8600 Willow Spring Road in Willow Springs, but it is actually located on the south side of an industrial access road (leading to Valvoline's Willow Springs facility) across the street from a Speedway gas station and just south of the Tri-State Fire Protection District station which is situated at 8259 Willow Springs Road in Willow Springs.

A picture of the structure as located at the Willow Springs substation is set forth below.

The structure is located to the rear of the substation control building. Note that if one visits the Willow Springs substation, one will see a cellular telephone facility outside the boundaries of the substation but adjacent to it. Know that, as noted earlier, neither ComEd's proposed Structure at the Lake Cook Road substation nor any portion of the Lake Cook Road substation property will be used for personal wireless service (5G or otherwise) or any other commercial communications function other than the Structure and other ComEd-only grid-related monitoring and functioning communications.

Pleasant Hills

The Pleasant Hills substation is located on the east side of Pleasant Hill Road just south of the Great Western Trail and St. Charles Road and a short distance south of North Avenue. The substation is north of Geneva Road, north of the Village of Winfield and south of the Village of Carol Stream. (The address assigned to the substation for property tax purposes is 1N701 Pleasant Hill Road, Winfield. Our experience is that this address does not show up on common mapping applications such as Google Maps. The street address of the business to the north is 26W115 St. Charles Road in Carol Stream to provide a Google-friendly geographic reference point.)

A picture of the structure as located at the Pleasant Hill substation is set forth below.

The structure in the Pleasant Hills substation is located on the north side of the substation just west of the substation control building. Like in Willow Springs, there is a cellular telephone facility outside of the substation itself. Again, by contrast, a cellular telephone facility does not exist at ComEd's Lake Cook Road substation and is not proposed whatsoever.

1c. Technical, Regulatory and Permitting Information

The antennae proposed for use on the Structure will operate in the frequency range of 902- 928 MHz with a center frequency of 915 MHz. These frequencies are a small part of the designated industrial, scientific and medical ("ISM") radio bands. The FCC opened these ISM frequency bands for wireless communications in 1985. Parties using this frequency range in the manner of ComEd are not generally required to obtain use, structure or antenna licenses from the FCC (and are not so required in ComEd's specific situation), but must comply with Federal Communications Commission ("FCC") regulations (47 CFR Part 15) on how the frequencies are used, including the maximum output power of the antennas on the Structure. The output power of the ComEd antennas will be extremely low, at 1 Watt or less. Further, the antennas will only operate intermittently and will not continuously transmit. By observing these two key operating criteria, along with compliance with all of the other applicable federal regulations, ComEd's Structure will operate in a manner protective of public health and safety, in that RF emissions are highly attenuated.

Other wireless devices operate in the frequency range of 902-928 MHz, with a center frequency of 915 MHz -- most notably, ComEd's smart meters. The Structure will not being used

for smart meter functions. Although certain household wireless equipment operates at 915 MHz, most notably certain cordless phones, baby monitors, and wireless home security systems, most household wireless equipment now operates within the 2.4-GHz frequency band.

Like any system which chooses to operate with the ISM radio bands, ComEd's Smart Grid Distribution Automation Device Monitoring System must tolerate the potential for occasional interference from other wireless devices in use. At the same time, ComEd has engineered its system to minimize any potential interference through incorporation of specific technical features such as signal encryption and security which, like the smart meter system using the same frequency range, have a now-proven record of safe, effective, reliable operation without material impact to existing household wireless devices. In addition to these specific technical features, in accordance with FCC regulations and as a technique to ensure minimal interference, the electronic equipment used in the Distribution Automation Device Monitoring System utilize a protocol called "frequency hopping" within subchannels spread evenly across the frequency range of 902-928 MHz. Such "frequency hopping" allows for efficient use of the full range of the allowable spectrum while minimizing interference risk.

The FCC is not required to review the specific siting of the proposed Structure. Instead, parties such as ComEd may use the frequency range involved in the antennas on the Structure without a specific license granted by the FCC so that as compliance with the detailed ISM radio band regulations (47 CFR Part 15) is maintained. In addition, in terms of compliance with the federal National Environmental Policy Act (to which the FCC is subject), the FCC has delegated to each applicant the responsibility of determining whether a proposed structure is "categorically excluded" from environmental review under the National Environmental Policy Act ("NEPA") when there is minimal or no impact on the environment, or whether an Environmental Assessment needs to be prepared.

FCC rules categorically exclude all actions -- including ComEd's proposed Structure -- from detailed environmental review unless such a structure: (a) is located in a wilderness area or wildlife preserve; (b) might affect threatened or endangered species or their habitat; (c) might affect properties included in or eligible for inclusion in the National Register of Historic Places or Indian religious or cultural sites; (d) will be located in a floodplain; (e) involve construction involving significant changes in surface features, such as effects on wetlands, water, ground disturbances, deforestations, etc.; (f) structures of over 450 feet potentially affecting migratory birds; or (g) structures involving high-intensity lighting in a residential area or those which would cause RF radiation in excess of FCC-established limits.

ComEd, through its consultant team, determined that the placement of the Structure within an existing developed substation will have none of these impacts and therefore that the proposed Structure is appropriately categorically excluded from NEPA review.

The proposed Structure will not be required to have a beacon and/or designated paint. This is because ComEd received a determination from the Federal Aviation Administration ("FAA") as of January 2020 that its Structure will not be a hazard to air navigation and thus no lighting or special markings are required. ComEd's Structure will not be illuminated in any way or painted any special color.

ComEd will be applying for a building permit from the Village. No additional known governmental permits are necessary. ComEd will secure any additional necessary permits which may be identified during the building permit process.

1d. Site Plan and Renderings of the Structure

As can be noted on the attached Site Plan, the proposed Structure will be situated within the Substation approximately 10 feet west of the existing substation control building. The nearest point of the Structure is approximately 2 feet south of the control building's southern line. The Structure's base will be setback approximately 52 feet from the northern property line and approximately 140 feet from the nearest point on the western property line. No antennas mounted on the Structure will face north, thus ensuring the minimum 50 feet C-2 setback is maintained.

The proposed Structure has been carefully placed within the Substation so as to maintain the required close distance to the substation control building in which the electronic equipment will be housed so as to minimize signal degradation while also avoiding impacts to either existing substation electrical equipment or areas set aside for future equipment expansion (so that the Substation continues to maintain adequate space to serve growth in the area's electrical demand without the need for additional and new property acquisition for construction of an entirely new and different substation).

The proposed Structure should have limited impact on surrounding property. The view from Lake Cook Road is mitigated by the roadway's depression below-grade at the location of the Structure due to the grade-separation between the railroad right-of-way and Lake Cook Road. The Structure is set back a significant distance from other C-2 uses (and is situated a far distance from any residential uses). In light of the Structure's steel material and gray coloring, it will blend in with the numerous taller electrical and other vertical structures at the Substation and within the adjacent railroad right-of-way, as can be seen in the attached renderings. The Structure will not add any new light fixtures nor will it require any additional parking or signage at the Substation.

The proposed Structure will not be required to have a beacon and/or designated paint. The base of the Structure, in that it will be placed to the southwest of the substation control building, is by design screened by the control building and should have limited visibility from the east and northeast. The Structure should have very limited (if mostly non-existent) visibility from the retail area to the southeast of the Substation. Visibility is also limited looking east towards the Substation from the entrance of the Home Depot retail center situated to the west along Lake Cook Road.

Due to installation of a dense hedge along the northern property line (explained herein), the Structure is not likely to be visible to the few pedestrians who may walk along the northern frontage of the Substation, but this is a sidewalk serving a limited function -- linking the commercial areas on the south side of Lake Cook Road to the Metra station and the office building on the north side of Lake Cook Road. Drivers heading south on Corporate Drive to Lake Cook Road from the north may have a fleeting view of the Structure as the roadway proceeds south prior to taking a sharp curve to the east (just prior to the Lake Cook Road intersection), yet the Substation's new landscaping screening, the foliage along Corporate Drive and the fairly large distance across Lake Cook Road (coupled with the existing taller structures within the Substation

and railroad right-of-way) mitigates any material changes to and may improve (including with the newly proposed landscape screen) the existing motorist view corridor along Corporate Drive.

Included in this submission are various renderings of the proposed Structure providing a sense of how the Structure will blend into existing views from surrounding areas.

2. Fence Upgrade to Protect the Substation and Fiber Enclosures

ComEd's proposal to upgrade the exterior protection system of the Substation by replacing the existing fence with the proposed Fence significantly contributes to implementing both the policy directives of a Presidential executive order addressing physical security at the country's critical infrastructure sites (which include substations comprising the power grid) and a Department of Homeland Security ("DHS") plan implementing the President's order. These security upgrades at the Substation also reflect industry-implemented best practices.

Following the April 2013 "Metcalfe" sniper attack on a San Jose, California electrical substation, President Obama issued a form of Executive Order in the security arena known as Presidential Policy Directive 21 ("PPD-21"). In his Directive, the President stated the clear policy of the United States to "…strengthen the security and resilience of its critical infrastructure against both physical and cyber threats." The President required the federal government to work with critical infrastructure owners such as the Exelon Corporation and its subsidiary ComEd to take "proactive steps" to both manage risk and "strengthen the security and resilience" of the country's critical infrastructure. Per PPD-21, required improved security efforts by ComEd must aim to "reduce vulnerabilities, minimize consequences, identify and disrupt threats, and hasten response and recovery efforts related to critical infrastructure. "

PPD-21 required DHS to develop, in coordination with the Department of Energy, a national plan to implement the improved security mandates of PPD-21. In response, DHS and the U.S. Department of Energy issued in 2015 an Energy Sector-Specific Plan ("2015 ESSP"). Key stated goals of the 2015 ESSP include: (1) assessing security risks and threats; (2) securing critical infrastructure from all hazards; and (3) enhancing critical infrastructure resilience. With the 2015 ESSP, the electricity industry subsector made as an explicit published priority the deploying of tools to "enhance situational awareness and security of critical infrastructure. " The proposed Fence implements this published priority, which does not apply to a typical property owner in Village.

To meet the security objectives of PPD-21, 2015 ESSP and an order from the Federal Energy Regulatory Commission (known as FERC Order 802) and to implement electric utility best practices, Exelon created a standardized list of security requirements for implementation by all of its public utility subsidiaries, including ComEd. In turn, ComEd was required to initiate security improvement projects at each substation consistent with the Exelon Security Standards, all to adhere to the goals committed to by the electric energy subsector in the 2015 ESSP and the security plan components approved by FERC Order 802. Exelon's security standards have six stated design goals: (1) Deter; (2) Delay; (3) Detect; (4) Assess; (5) Communicate; and (6) Respond. The planned upgraded Fence at the Substation implements the first two security goals – Deter and Delay.

As depicted on the enclosed Site Plan, the proposed Fence will be placed at the same location as the existing fence (except to also encompass the Fiber Enclosures, described below) and will be metal chain-link material (as is existing), 7 feet in height (the existing chain-link fence is 6 feet in height), with 1 foot of Y-shaped barbed wire on top (the existing fence has 1 foot of inward-facing barbed wire on top).

To meet the “Deter” and “Delay” security requirements described above, Exelon, reflecting industry best practice, requires the installation of fencing with outriggers installed on top of the fence. The outriggers must hold one foot of barbed wire using a “Y”-shaped configuration.

Importantly, installation of barbed wire increases the delay time for any attempted fence climb-over. This has been proven in prior tests, as has been confirmed by ComEd security consultants retained by the company to evaluate the sufficiency of the upgraded fencing at critical infrastructure sites such as this type of substation. The empirical data has proven that outward-facing barbed wire in particular delays a climb-over threat by several seconds. A Y- shaped configuration further mitigates climb-over threats, in part because potential intruders typically need additional tools to attempt to compromise the barbed wire and the transport by intruders of such tools allows for more rapid threat detection. In the security world, seconds can be the difference between detection and assessment through on-site cameras and other surveillance methods, and a security operations employee missing an unauthorized intruder. Exelon and ComEd’s mandate for barbed wire, reflective of expectations adopted by the U.S. Department of Defense for its own facilities, is mission-critical for safeguarding the Substation from unauthorized access. Prevention of unauthorized entry not only mitigates the risk of injury or death, but also safeguards the reliability of the power supply to the Village and surrounding communities.

A photo of a typical Fence (together with a Fiber Enclosure) is attached. Whereas the Fence and Fiber Enclosure depicted in the photo are not screened by any vegetation or other landscaping, those improvements at the Substation will be fully screened as explained in additional detail below.

3. Fiber Enclosures to Support Grid Reliability and Responsiveness

As noted earlier, ComEd is in the process of expanding the capabilities of its electric system communications network in order to provide a more secure, reliable and resilient electric grid. The company is accomplishing this with a combination of modern fiber and wireless solutions (with the Structure being part of the wireless solution). Improvements enabled by this communication system enhancement, aided by smart grid devices and sensors inside the Substation and on the distribution lines, include: provision to ComEd of additional remote monitoring and control of the electric grid, reduction in outages for its customers, and a reduction in duration when an event does occur.

Along with installation of fiber optic cable, ComEd needs to install unmanned utility enclosures chiefly housing the IT equipment which communicates with the sensing devices connected through the fiber optic cable. At the Substation, ComEd plans a minor addition on undeveloped land to the east of the existing fence line to install up to three low-height (13 feet) approximately 244-square-foot square-foot unmanned pre-cast enclosures. The utility equipment

enclosures are substation-based to directly tie into the existing ComEd fiber communications backbone which links substations throughout its system to central command and control facilities. The fiber optic equipment enclosures are part of ComEd's plan to continuously improve reliability and resiliency of the electric grid.

Combined with the Structure, the Fiber Enclosures will allow ComEd to enable a cyber- secure, flexible, high-functioning, and cost-effective network with greater data exchange and data- storage capability. Consider, once more, a most common fault type on an overhead distribution network: the lightning strike. With these proposed improvements, the Fiber Enclosures will enable distribution devices to communicate automatically and within 10 milliseconds to isolate faults faster causing reduced outages and reduction in restoration times. These improvements will reduce momentary outages through communication-enhanced coordination.

The technology in the Fiber Enclosures will also improve operational intelligence -- system operators will have more awareness of what is occurring on the electrical grid and will be able to locate a fault faster and improve workforce efficiency by situating crews, materials, and supplies in areas of greatest risk. Because of the almost real-time awareness of what is occurring on the grid, ComEd operators are better able to respond more quickly and system cures can be implemented more quickly and precisely because of the rapidness allowed by the fiber technology. Finally, the intelligence ComEd will be able to gather from these technological improvements can result in reduced preventive maintenance costs due to moving to analytics-based maintenance instead of time-based maintenance. As a result, ComEd can better prioritize asset replacements and system protection upgrades in a planned manner versus reacting to emergent issues.

To provide the required separate vehicular access to the enclosure area, ComEd will install a new gate facing south towards the existing driveway at the Substation. The new fencing and gate are required so that ComEd can reach the Fiber Enclosures for maintenance purposes and in emergency situations without necessitating vehicles and personnel entering the main Substation facility and traversing through the heart of the Substation electrical equipment, poles and wires. Such a situation presents both safety and security concerns, since those entering an electrical substation must, per corporate policy and applicable requirements, be specially certified by the North American Electric Reliability Corporation ("NERC") and the personnel who are trained to maintain the IT equipment to be placed within the Fiber Enclosures do not meet (and do not need to meet) these certification requirements. For this reason, and to limit as much as possible entry into the main portion of the Substation, a separate gated area for the Fiber Enclosures has been planned. Further, ComEd has determined that there is no available space for the equipment enclosure within the main portion of the Substation due to existing equipment and areas reserved for further equipment installation to serve the area's future growth in electrical load.

As described above, as shown on the enclosed Site Plan and as depicted in the attached photo, the Fiber Enclosures will be protected by a 7-foot chain-link fence with 1-foot of barbed wire on top. Although removal of one existing tree (a Norway Maple) will be necessitated by the proposed project, the Fiber Enclosures (as explained below) will be fully screened by landscaping on the north and east as well as by an existing tree line along ComEd's southern property line. A dense group of cottonwood trees will be preserved west of the proposed hedge line near the eastern property line. The Fiber Enclosures come in a standard "mesa tan" pre-cast concrete color. At the same time, per an ARC condition, ComEd has committed to work with Village staff on selecting

an exterior paint color for the Fiber Enclosures which would bring color consistency between the Fiber Enclosures and the other steel/gray colored electrical equipment within the Substation.

4. Battery Enclosure

To implement a "voltage optimization" project at the Substation in which the electrical circuitry will be upgraded (including through deployment of microprocessors), ComEd needs additional DC power capacity, which is carried out through installation of batteries capable of supplying this capacity. The batteries must be housed in an enclosed structure near the microprocessors (which are placed within the existing substation control building) and the existing substation control building is not available to house the batteries due to capacity constraints. Accordingly, just under 20 feet east of the existing substation control building, ComEd plans a 180-square-foot enclosure of approximately 27 feet long by 9 feet long. The unmanned windowless enclosure, with a door facing south away from Lake Cook Road, is colored ash gray, generally consistent with the color of the Substation's electrical equipment. The enclosure's height is 11 feet to the underside of the pitched roof and 13 1/2 feet at the peak of the roof. A photo of a similar (although smaller) enclosure is attached for reference.

5. Landscaping and Screening of the Structure, the Fence, the Fiber Enclosures and the Battery Enclosure

Based on prior feedback from the Village, including comments from ARC, ComEd proposes adding new substantial ground-level screening in conjunction with plans for the Structure, the Fence, the Fiber Enclosures and the Battery Enclosure. The added screening will be in addition to existing planted areas which buffer the Substation from properties west and south, including several mature cottonwood trees mitigating views of the Substation from the commercial use to the immediate east (these trees will be preserved).

As shown on the enclosed Landscape Plan, ComEd proposes adding a mixture of deciduous shrubs along the northern and eastern boundaries of the Property, nearly 125 new shrubs in total. The shrubs will be a mix of Chokeberry, Forsythia, Spirea, Lilac, and Viburnum. Upon reaching maturity in approximately three years, the overall 8- to 10-foot height of the shrubs will fully screen the updated Fence (which should not at all be visible) behind the shrubs and all but the very tops of the Fiber and Battery Enclosures, which would not at all be visible to those walking along the Lake Cook Road sidewalk or within the adjacent restaurant on the east due to the close proximity of the hedge line and the preservation of the strand of cottonwood trees along the eastern property line. (One Norway Maple tree will need to be removed to accommodate the Fiber Enclosure.) The dense shrubbery will screen the base of the Structure, the Fence, and much of the Fiber and Battery Enclosures, while still providing the necessary 10-foot minimum distance between the Fence and the landscape screening to meet ComEd's standards for perimeter security. ComEd's Landscape Plan fully advances the objectives of Section 5(c) of the Village's Appearance Code, which urges the screening of certain utility improvements.

The landscaping will be installed in phases. The north property line plantings will be installed concurrently with installation of the Structure, expected as early in 2021 as permitting will allow. The eastern property line plantings will be installed concurrently with completion of the Fiber Enclosures, expected by late 2021 or early 2022. (This phasing is necessary to avoid

duplicative plantings which might otherwise be required due to the drainage and stormwater engineering which will likely be needed to implement the Fiber Enclosures portion of the project.

Attached are renderings of the Substation with the proposed landscaping. An additional rendering depicts the Structure prior to the installation of the dense hedge line.

Standards for Zoning Map Amendment

13.10-D,1. Existing Uses. Existing uses of property within the general area of the property in question.

Existing uses within the general area of the Property include retail stores and offices, restaurants, a bank, grocery store, office buildings, an auto repair shop, hardware store, and railroad right-of-way (including passenger station with platform). The Property is a public utility electrical substation serving, among other uses, the adjoining commercial uses and is consistent with the non-residential uses authorized in the C-2 district. The Substation, as an Essential Service, is an authorized C-2 use and is also an authorized use in R-1 districts.

13.10-D,2. Current Zoning in Area. The Zoning classification of property within the general area of the property in question.

The current R-1 zoning district is a "legacy" zoning classification from 1964 and 1968 which is inconsistent with the C-2 Outlying Commercial zoning district surrounding the Property on all sides south of Lake Cook Road and east of the railroad right-of-way. Rezoning the Property to "C-2" aligns the Property with its existing use as well as the character and zoning of properties in its immediate vicinity.

13.10-D,3. Suitability of Present Zoning. The suitability of the property in question for the uses permitted under the existing zoning classification and the proposed classification.

The Property is currently zoned "R-1" Single Family Residence District and the existing Substation, an Essential Service, is a legal conditional use in this District pursuant to Ordinance O-68-13 and will continue to be a legal special use in the proposed C-2 District. The Essential Service use on the Property better conforms to the applicable zoning regulations of the Ordinance in the proposed C-2 zoning district than it does in the existing R-1 District. Further, rezoning to the C-2 district brings the zoning classification of the Property into conformity with the Deerfield Comprehensive Plan (last amended June 18, 2019), which designates the Property as appropriate for Retail Services in the Future Land Use Map (Figure 3.1), along with the adjoining property to the east and south. Rezoning to the C-2 District consistent with these adjoining properties would also bring about greater consistency between the zoning classification of the Property and the Comprehensive Plan.

13.10-D,4. Trend of Development. The trend of development, if any, in the general area of the property in question, including changes, if any, which may have taken place since the day the property in question was placed in its present zoning classification.

ComEd has owned land including and in the vicinity of the Property for nearly a century. The Property's annexation to the Village occurred in 1964 and 1968. The current R-1 zoning of the Property stems from both annexations and the 1968 Conditional Use approval made clear that the Substation could expand in the future on the Property so long as R-1 bulk criteria are met. Although a ComEd substation has existed for many years at the Property, the retail and commercial uses have grown westward overtime from the intersection of Waukegan and Lake Cook Roads to surround the Substation to the south and east. The requested rezoning conforms the zoning classification to the Comprehensive 15

Plan (which itself reflects the modern trend of development) while leaving undisturbed the Substation's authorized special use status.

Proposed Text Amendments

1. Amend Section 5.02-C-4 as follows so as to add "Essential Services-Antenna Support Structures" as an authorized Special Use in the C-2 zoning district:

4. Public Services and Utility Services

a. Bus Passenger Shelters.

b. Essential Services, provided that they are properly screened as set forth in Article 2, General Provisions

c. Railroad Rights-of- Way.

d. Essential Services-Antenna Support Structures.

2. Amend Section 5.02-F-5 so as to allow Essential Services-Antenna Support Structures to exceed the maximum structure height of 35 feet within the C-2 district so long as such increased height is approved by the Village Board as part of a conditional use approval.

5. Maximum Building Height

(a) Except as provided in this section, Nno building or structure shall be erected or structurally altered to exceed a height of thirty-five (35) feet

(b) Essential Services-Antenna Support Structures may exceed thirty-five (35) feet provided that the height of any such Structure is approved as part of a Special Use approval.

3. Amend Section 14.02 to add a definition of "Essential Services-Antenna Support Structures" as follows:

ESSENTIAL SERVICES-ANTENNA SUPPORT STRUCTURES: A freestanding structure of other than lattice-type construction supporting antennae which communicate exclusively with public utility transmission and distribution equipment. Such structures may not include third-party usage.

Standard for Zoning Text Amendment

13.10-E(2). The Plan Commission shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such an amendment is in the public interest and is not solely for the interest of the applicant.

ComEd is requesting that a new type of Essential Services use be added to the Ordinance. This use is called "Essential Services-Antenna Support Structures" and is distinct from the general Essential Services use category, which is not specifically defined.

ComEd's text amendment would define "Essential Services-Antenna Support Structures" as "a freestanding structure of other than lattice-type construction supporting antennae which communicate exclusively with public utility transmission and distribution equipment." The definition makes clear that such structures may not include third-party usage.

Whereas the Essential Services use is an authorized special use in all of the Village's zoning districts (except the P-1 district), the Essential Services-Antenna Support Structures use would only be an authorized special use in the C-2 zoning district.

The text amendment addresses several concerns. First, Section 2.07 of the Ordinance exempts public utility "towers" used for "communications" from the Ordinance, while Section 2.08, applicable to telecommunication service facilities ("TCSF"), makes clear that TCSFs do not fall within the scope of the Section 2.07 exemption. Yet the Ordinance is in theory left with a regulatory gap, since an antenna support structure serving a very specific and secure public utility function is not a TCSF in that it is not being developed by a provider of telecommunications services, is not appropriate for co-location and must be integrated into an Essential Service use setting. Absent a new definition for Essential Services-Antenna Support Structures, a public utility tower used solely for secure public utility communications arguably remains exempt from the Ordinance given the language of Section 2.07.

The text amendment recognizes and regulates from a land use perspective the deployment by public utilities of wireless technology to support the functioning and reliability of transmission and distribution equipment, whether such equipment is used to provide electrical, gas, telephonic, fiber optic or any other type of public utility infrastructure. A key feature of the definition is the absence of third-party usage - any such structure must only be used for internal public utility communications.

The text amendment would only authorize such Antenna Support Structures as special uses in the C-2 zoning district, which, as of today, is clustered in the southern portion of the Village in the vicinity of Lake Cook and Waukegan Roads, just north of the Edens highway extension. The text amendment also clarifies that Essential Services-Antenna Support Structures may exceed the 35- foot C-2 height limitation, but only to the extent such greater height is reviewed and approved as part of a special use application.

Standards for Special Use: The Structure

5.02-C,4.d. Essential Services -- Antenna Support Structures

13.11-D,2.a. Compatible with Existing Development (Ord. 0-83-13). The nature and intensity of the activities involved and the size, placement and design of any structures proposed will be so planned that the Special Use will be compatible with the existing development and will not impede the normal and orderly development and improvement of surrounding property.

The existing Substation on the Property, as well as the adjacent railroad and public rights- of-way and other properties in the general vicinity, already contain numerous taller structures and electrical equipment such as metal poles and wires and taller light standards. The Structure will be compatible with these and other similar structures in the general vicinity. Its silver-grey color will match the existing Substation electrical equipment. It will be unlit and all associated electronics equipment will be housed inside an existing building, minimizing any new external facilities within the Substation.

Adding an additional structure at the Substation of comparable height and form is compatible with the existing development and will not impede the normal and orderly development and improvement of surrounding properties. The Structure will offer an efficient and low-impact, low-power use of radiofrequency to help improve grid reliability, minimize outages and stabilize distribution line voltage flows. Additionally, the nature of the Structure's design (tall, unlit thin vertical mast) is essentially the same as structures allowed (or already located) on the Property as well as structures similarly allowed (or already located) on nearby properties.

13.11-D,2.b. Lot of Sufficient Size. The size of the lot will be sufficient for the use proposed.

The lot is sufficient for the Special Use because the proposed Structure is being placed within the fence lines of the existing Substation.

13.11-D,2.c. Traffic. The location of the Special Use within the Village will be such that adverse effects on surrounding properties will be minimal, particularly regarding the traffic generated by the Special Use.

The Special Use is unmanned, aside for an occasional visit for maintenance purposes or in emergency circumstances. No additional traffic will be generated by the Special Use.

13.11-D,2.d. Parking and Access. Parking areas will be of adequate size for the particular use and properly located, and the entrance and exit drives will be laid out so as to prevent traffic hazards and nuisances.

Implementation of the Special Use, an unmanned structure aside from an occasional maintenance visit, does not require any changes to the existing Substation entrance and exit, which occurs to the southeast off of the southern extension of Corporate Drive.

13.11-D,2.e. Effect on Neighborhood. In all respects, the special use will not be significantly or materially detrimental to the health, safety and welfare of the public or injurious to the other

property or improvements in the neighborhood, nor will it diminish or impair property values in the surrounding area.

First, the Structure will be compatible with similar structures in the general vicinity. Its gray color will match the existing Substation electrical equipment. It will be unlit and all associated electronics equipment will be housed inside an existing building, minimizing any new external facilities within the Substation.

Further, the proposed Structure will not be hazardous or disturbing to existing neighboring uses because it will function as an integral, but unmanned part of the Substation, just like any other piece of taller electrical infrastructure. In addition, the Substation and various nearby properties, particularly to the west and south, currently contain numerous structures of similar size and form. Other than the Structure, no additional adjustments to the Substation are proposed in connection with the Structure itself, thus minimizing any external effects.

Finally, the very low (1 Watt or less) output power of the ComEd antennas coupled with their only-intermittent operation (along with compliance with all of the other applicable federal regulations) will allow ComEd's Structure to operate in a manner protective of public health and safety in that radiofrequency emissions are highly attenuated.

The Structure will be noise-less and, because of the existing substation control building, will not need to be accompanied by any additional fencing or equipment enclosure. The essential nature and functioning of the Substation will remain unchanged once the Structure is implemented.

13.11-D,2.f. Adequate Facilities. That adequate utilities, access roads, drainage and/or other necessary facilities have been or are being provided.

The Special Use will not require additional utilities brought to the Property, or adjustments to roads, drainage or other facilities. Implementation of the requested Special Use actually improves the adequacy of public facilities since the Structure is intended to boost the reliability and functioning of the electrical grid with minimal external impacts. The Structure's function will be to effectively pinpoint and minimize outages, allowing for power re-routing and restoration as quickly as possible and in as surgical a manner as possible. The Structure will also help even out the flow of electricity through the distribution lines. Both Structure functions will promote reliability of the electric grid, thereby boosting the Village's economic welfare and public services.

13.11-D,2.g. Adequate Buffering. Adequate fencing and/or screening shall be provided to ensure the enjoyment of surrounding properties, to provide for the public safety or to screen parking areas and other visually incompatible uses.

The Structure will be placed within the portion of the Substation which is already protected by an exterior security fence. The Structure will not be detrimental to any persons, property, or to the general welfare. The Structure will be unmanned, silent in its operation and unlit. The Structure will consist of a silver-grey metal pole, similar to numerous existing support structures on and nearby the Property and in this way will blend into the existing look and function of the Substation.

Further, all associated electronics equipment will be housed inside an existing building, minimizing any new external facilities within the Substation.

The Structure is naturally screened and buffered by several features of the project and the site. Importantly, the dense shrubbery to be newly-installed along the northern property line will screen the base of the Structure, mitigating views from the north, including from Lake Cook Road, the southern sidewalk along Lake Cook Road and Corporate Drive. The Structure is being situated to the southwest of the existing substation control building, thus mitigating views of the Structure's base from the east (even beyond the substantial screening offered by the new plantings). Views of the Structure from the west on Lake Cook Road should be minimal or non-existent due to existing visual obstructions (e.g., trees, large signs, etc.). Similarly, views from the south are mitigated due to the height of the commercial buildings and intervening trees. Views of the Structure from motorists using Lake Cook Road are expected to be minimal or non-existent for eastbound motorists (due to the proximity and height of the southern retaining wall) and mitigated for westbound motorists due to the tall southern retaining wall and setback of the Structure from the northern property line.

Standards for Special Use: The Fence

The Substation today contains an existing chain-link fence along the front lot line which, at six feet tall exceeds the 3-foot maximum allowable front lot line fence height. Further, the Substation's fence has long-deployed barbed wire (inward) for additional protection. The Fence will be substantively comparable to the existing fence (even though 1 foot taller), especially since it will be placed in generally the same location as the existing fence. The only differences will be that the Fence will be extended eastward to encompass the Fiber Enclosures on the east portion of the Property, will be one foot taller and will contain 1-foot of Y-shaped barbed wire as opposed to only 1 foot of inward-facing barbed wire (today's condition). Replacing the existing Fence at the Substation with one of similar height and form -- with the landscape screen proposed -- is compatible with the existing development and will not impede the normal and orderly development and improvement of surrounding properties.

Absent the Special Use, ComEd's security risk for the Substation would be elevated when compared to similarly situated substations, thus serving as a disincentive to future grid- related investment at this Substation. The absence of a Special Use for barbed wire as part of the Fence also leaves the Substation potentially more vulnerable to undetected intruders and thus to more frequent service interruptions.

13.11-D,2.b. Lot of Sufficient Size. The size of the lot will be sufficient for the use proposed.

The lot is sufficient for the Special Use because the proposed Fence is being generally placed in the location of the existing fence and will be minimally expanded to encompass the area around the Fiber Enclosures.

The Special Use is unmanned, aside for an occasional visit for maintenance purposes or in emergency circumstances. No additional traffic will be generated by the Special Use.

Implementation of the Special Use does not require any substantial changes to the location of the existing Substation entrance and exit, which occurs to the southeast off of the southern extension of Corporate Drive. The gate for the Fence around the Fiber Enclosures will face the existing gravel drive so as to utilize the existing driveway access points of the Substation.

13.11-D,2.e. Effect on Neighborhood. In all respects, the special use will not be significantly or materially detrimental to the health, safety and welfare of the public or injurious to the other property or improvements in the neighborhood, nor will it diminish or impair property values in the surrounding area.

The proposed Special Use will not be detrimental to the health safety and welfare of the public, it will not be injurious to other property or improvements in the neighborhood, and it will not diminish or impair property values in the surrounding area. The 1-foot barbed wire component of the Fence exists today and will be attached once again to the top of the 7-foot chain-link material (instead of the current 6-foot height). The proposed Y-shape of the barbed wire, as opposed to continuing the inward-only figuration into the future, provides maximum deterrence and improved security for the Substation, in line with federal government directives. The Fence will be fully within ComEd's property limits and will provide added safety to the public. The proposed new landscaping and existing planting should provide a substantial screen.

13.11-D,2.f. Adequate Facilities. That adequate utilities, access roads, drainage and/or other necessary facilities have been or are being provided.

The Fence will be substantially screened and buffered by existing and added landscape vegetation. The Fence will not be detrimental to any persons, property, or to the general welfare. The Fence will primarily consist of a chain-link material, similar to the existing fence on the Property and in this way will blend into the existing look and function of the Substation. The height of the proposed dense hedge line, at 8-10 feet in height, should fully screen the Fence from the north and east. Retention of the existing Cottonwood trees on the eastern portion of the Property further mitigate fence views.. Views of the Fence from the west on Lake Cook Road should be minimal or non-existent due to existing visual obstructions (e.g., trees, large signs, etc.). Similarly, views from the south are mitigated due to the height of the commercial buildings and intervening trees.

Standard for Variation: The Battery Enclosure

Requested Variation: Relief from a minimum front yard of not less than 35 feet (under the existing R-1 zoning district) or not less than 50 feet (if the Property is rezoned to the C-2 district as requested (5.02-F,3.b.). The Battery Enclosure is proposed to be located south of the northern line of the existing substation control building approximately 21 feet from the northern property line. Note that the Battery Enclosure complies with the R-1 required 35 feet setback from the right-of-way line of Lake Cook Road prior to its widening in 1992 (during which ComEd deeded the northern 19 feet of its property to Cook County).

13.07-E,1. Not a Use Variation. That the variation does not permit a use otherwise excluded from the particular district in which requested.

The Variation does not permit a use otherwise excluded from the C-2 zoning district. The current use of the subject property is as an electrical substation pursuant to an existing approved Special Use. The Variation will not in any way change the present use of the subject property.

13.07-E,2. Unique to the Property. That special circumstances or conditions, such as exceptional narrowness, topography, or siting, apply to the land for which a variation sought and that these conditions do not apply generally in the district.

Numerous special circumstances and conditions support approval of the Variation. The proposed location of the Battery Enclosure is at one of the only possible locations available at the Substation -- it cannot be set back farther from the northerly property line or readily located elsewhere on the Property without material required expansion of both the size of the Battery Enclosure and possibly also the existing substation control building. This is because the Battery Enclosure

(i) needs to be positioned adequately close to the microprocessors in the existing Substation control building to both avoid the voltage drop which occurs as the batteries are located a further distance from the control building and to remain close to an AC power feed (as the distance from the Battery Enclosure to the substation control building increases, the size and complexity of the necessary equipment and enclosures to house such equipment increases),

(ii) may not be located on top of underground electrical cables and there are several such key underground cables running east to west from the control building to the four pieces of electrical equipment just east of the proposed Battery Enclosure and also one high-voltage line running underground in a diagonal direction from the southeastern section of the control building to the easternmost electrical transformer,

(iii) must be appropriately distanced to the north from existing electrical equipment, including, in particular and due to fire risks, oil-filled equipment such as a transformer

(iv) cannot be positioned so as to prevent future Substation electrical equipment development, and

(v) is required to situated in a way that allows access and entry by ComEd personnel (the enclosure includes a door for maintenance activities facing south away from Lake Cook Road). These conditions are wholly unique to the Property and do not apply generally in the C-2 zoning district.

13.07-E,3. Not Self-Imposed. That the special circumstances or conditions have not resulted from any act of the applicant subsequent to the adoption of this Ordinance, whether or not in violation of the provisions thereof.

The Applicant did not create the above-described special circumstances or conditions -- they are applicable to any electrical distribution company or similar provider of public utility services and exist for personal and public safety as well as proper functioning of specialized electrical equipment.

13.07-E,4. Not Exclusively Monetary. That, for reasons fully set forth in the report of the Board of Zoning Appeals, the aforesaid circumstances or conditions are such that the strict application of the provisions of this Ordinance would deprive the applicant of a reasonable use of his land. Mere loss in value shall not justify a variation; there must be a deprivation of beneficial use of the land.

Strict application of the Ordinance would deprive ComEd from reasonable use of the land because the Battery Enclosure is necessary for ComEd to fulfill its responsibility to provide reliable and efficient power to the Village and the enclosure is necessary at the Substation in its proposed location. The Variation will allow ComEd to effectively site future utility equipment in a manner that reduces the need to expand the footprint of the Substation beyond its current parcel boundaries. Furthermore, there is no monetary motivation or incentive associated with the proposed location of the Battery Enclosure. The Variation has no connection to avoiding a loss in value of the Property. The Battery Enclosure provides no direct or individual financial benefit to ComEd and is not proposed in order to increase the value of the Property -- it is to provide a back-up power source for microprocessors which improve the efficiency and reliability of transformers at the Substation and by extension the overall the electrical grid serving the Village.

13.07-E,5. Minimum Adjustment Necessary. That the variation granted is the minimum adjustment necessary for a reasonable use of the land.

The Variation is the minimum adjustment necessary because the Battery Enclosure is an essential element of the Substation and cannot be placed elsewhere on the Property. Denial of the Variation would require placement of the Battery Enclosure in a location that would reduce the effectiveness of the voltage optimization provided by the Enclosure, necessitate an increase in the size of the Enclosure and the existing control building and increase interference with existing or planned electrical equipment. These are avoidable consequences that would be detrimental to the reasonable use of the land and, more importantly, harmful to utility customers throughout the Village. In addition, placing the Battery Enclosure outside of the existing Substation would require ComEd to occupy

additional property in the Village, add additional electrical equipment to an area where none may currently exist, increase costs for utility customers, and reduce responsiveness to power outages. The Variation provides the least-possible relief needed for a reasonable use of the land.

13.07-E,6. Not Detrimental to Public Welfare. That the granting of any variation is in harmony with the general purposes and intent of this Ordinance, and will not be detrimental to the public welfare or to other property or improvements in the neighborhood, and will not alter the essential character of the neighborhood.

Granting the Variation is in harmony with Village Ordinances. The Variation supports the provision of efficient, reliable, and responsive supply and distribution of electrical power throughout the Village and does not disrupt the orderly development or character of the area. Granting the Variation will not be detrimental to the public welfare or other property improvements in the neighborhood. The proposed location of the enclosure will allow for it to be sited within the Substation's existing perimeter fence and the planned landscaping will provide additional screening, especially to the north and east (the Enclosure will be minimally visible from the west due to the existing substation control building within the foreground). Placing the Battery Enclosure in the proposed location will not alter the essential character of the neighborhood because, in addition to the Property's current use as an electrical substation, the immediate surroundings include various commercial and transportation uses (notably, not residential). The small enclosure will be screened by dense foliage and will blend in with various structures and equipment currently existing and planned for the Substation. Note, too, that the Enclosure has been situated further away from the existing property line than the existing control building and both structures are a minimum of 35 feet south (the required R-1 minimum setback) of the original Lake Cook Road right-of-way line (prior to ComEd’s 1992 deeding to Cook County of the northern 19 feet of the ComEd Property to allow for a road widening project).

13.07-E,7. Not Detrimental to Neighborhood. That the proposed variation will not impair an adequate supply of light and air to adjacent property, substantially increase congestion in the streets, increase the potential damage of fire or endanger the public safety.

The proposed Variation will not impair any supply of light or air to any adjacent property. The Battery Enclosure will be only 26'-10" by 8'-10" by 13'-6" (significantly smaller in height and area than the existing substation control building) and will be positioned away from adjacent properties to the east, west, and south (to the north is a pedestrian sidewalk and below-grade, high-speed Lake Cook Road). Additionally, the proposed Battery Enclosure will actually be farther away from the property line that the existing substation control building. The proposed Variation will not increase any congestion in the streets. The positioning of the Battery Enclosure will not have an impact on the use of any roadways -- it is proposed to be fully contained within the existing fence around the perimeter of the Substation. The proposed Variation will not increase the potential damage from fire or endanger public safety. The Battery Enclosure is unmanned, windowless, and all associated battery equipment will be housed inside the enclosure. The enclosure will be set back over 16 feet from the sidewalk to the north, will be protected by a 7-foot chain-

link fence with an addition 1-foot of barbed wire on top, and will be screened by dense foliage along the northern and eastern property lines.

CHICAGO MILWAUKEE & ST. PAUL & PACIFIC RAILROAD / METRA Aronia arbutifolia Syringa patula 'Miss Kim' Spiraea x vanhouttei 'Renaissance' Forsythia x intermedia ' New Hampshire Gold' Viburnum Juddii Red Chokeberry Miss Kim Lilac Renaissance Spirea New Hampshire Gold Forsythia Judd Viburnum

PHASE 1 LANDSCAPING (ANTENNA PROJECT)

EXISTING RIM EXISTING RIM EXISTING PHONE BOX

PHASE 2 LANDSCAPING (FIBER & SECURITY LOW MOW LAWN = APPROX. 1750 SY 8 Sp va 8 Sy pa 8 Fo in 8 Sy pa 8 Vi ju 7 Sp va 8 Fo in 8 Ar ar IDOT Class 1B Low Maintenance Lawn Mixture 2 Vi ju 8 Ar ar 8 Sy pa 5 Sp va PROJECT) 10' Fine Leaf Turf-Type Fescue 150 lbs. / acre LOW Perennial Ryegrass 20 lbs. / acre 7 Fo in MOW Red Top 10 lbs. / acre Creeping Red Fescue 20 lbs. / acre LAWN 200 lbs. / acre

PROPOSED BATTERY STORAGE ENCLOSURE 8 Sp va

8 Fo in

RELOCATE DRAINAGE SWALE

6 Vi ju

6 Ar ar

4 Sy pa

EXISTING LANDSCAPE SCREEN

LANDSCAPE PLAN NORTH 0 5 10 20 40 VIEW FROM LAKE COOK ROAD

VIEW FROM LAKE COOK ROAD

PHASE 1 LANDSCAPING (ANTENNA PROJECT)

EXISTING RIM EXISTING RIM EXISTING PHONE BOX

PHASE 2 LANDSCAPING (FIBER & SECURITY 8 Sp va 8 Sy pa 8 Fo in 8 Sy pa 8 Vi ju 7 Sp va 8 Sy pa 2 Vi ju 8 Ar ar 8 Fo in 8 Ar ar 10' 5 Sp va PROJECT) LOW 7 Fo in MOW LAWN VIEW FROM ADJOINING PARKING LOT

PROPOSED BATTERY STORAGE ENCLOSURE 8 Sp va

8 Fo in

6 Vi ju

6 Ar ar

4 Sy pa

EXISTING LANDSCAPE SCREEN

LANDSCAPE PLAN NORTH 0 5 10 20 40 View looking east along Lake Cook Road Rendering: View looking south along Lake Cook Road Rendering: View looking south along Lake Cook Road (with landscaping) Rendering: View looking west along Lake Cook Road (with landscaping) Rendering: View looking west from adjacent property to east (with landscaping) Rendering: Viewing looking west along Lake Cook Road Rendering: View looking north/northwest from property to the south 5ZQJDBM'JCFS&ODMPTVSFXJUIGPPUDIBJOMJOLGFODF JODMVEJOH:TIBQFECBSCFEXJSF 5ZQJDBMBattery &ODMPTVSF Antenna Support Structure Detail

1 Antenna Support Structure Material INDEMNITY UNDERTAKING Per Article 13 of the Zoning Ordinance of the Village of Deerfield

TO: Village of Deerfield 850 Waukegan Road Deerfield, Illinois 60015

FROM: Property Owner Zoning Applicant ______Commonwealth Edison Company ______Scott Saef, Sidley Austin LLP ______3 Lincoln Centre ______One South Dearborn ______Oakbrook Terrace, IL 60181 ______Chicago, IL 60603 ______

SUBJECT PROPERTY: See Exhibit A attached hereto.

ZONING RELIEF: ______Rezone subject property to C-2, approve text amendment, and approve Special Use ______[describe zoning request]

WHEREAS, the undersigned Property Owner and Applicant (individually and collectively “Indemnitor”) have applied to the Plan Commission and/or Board of Zoning Appeals of the Village of Deerfield for the aforementioned Zoning Relief with respect to the Subject Property described on Exhibit A attached hereto; and

WHEREAS, Indemnitor is required under Article 13 of the Zoning Ordinance of the Village of Deerfield, as a condition to approval of the Zoning Relief, to defend, indemnify and hold harmless the Village and its officers, agents and employees from any suit, action, claim or proceeding against the Village, or officers, agents or employees of the Village, that seeks to attack, challenge, dispute, void, annul, enjoin or invalidate, in whole or in part, any ordinance, determination or proceeding by the Village of Deerfield approving the Zoning Relief requested by Indemnitor; and

WHEREAS, Indemnitor understands, acknowledges and agrees that the Zoning Relief requested for the Subject Property will, if approved by the President and Board of Trustees of the Village of Deerfield, benefit the Subject Property, and the Property Owner, Applicant and their respective successors, grantees and assigns; and

WHEREAS, Indemnitor understands, acknowledges and agrees that the Village of Deerfield is under no obligation to spend public money defending the grant of such Zoning Relief against any suit, action, claim or proceeding that may be commenced by third parties seeking to attack, challenge, dispute, void, annul, enjoin or otherwise invalidate in whole or in part any ordinance, resolution or action by the Village of Deerfield granting or approving such Zoning Relief;

NOW, THEREFORE, in compliance with the requirements of Article 13 of the Zoning

Page 1 of 2 Ordinance of the Village of Deerfield, and in consideration of the Zoning Relief requested by the Property Owner and Applicant (individually and collectively “Indemnitor”) for the Subject Property described herein, the undersigned Property Owner and Applicant jointly and severally covenant and agree with the Village of Deerfield as follows:

1. Indemnitor shall, at Indemnitor’s own cost and expense, defend and indemnify the Village of Deerfield and its officers, agents and employees from any suit, action, claim or proceeding against the Village, or officers, agents or employees of the Village, in which the Village’s approval of the Zoning Relief requested by Indemnitor for the Subject Property is asserted or attempted to be asserted to be void, invalid or improperly granted, by any third party claiming any interest in or damage resulting from any ordinance, resolution or action by the Board of Trustees of the Village of Deerfield granting or approving such Zoning Relief in whole or in part, including but not limited to court costs, expenses and reasonably attorneys’ fees.

2. Indemnitor shall reimburse the Village of Deerfield, its officers, agents or employees for any court costs, expenses and reasonable attorneys’ fees which the Village or its officers, agents or employees may incur in defending any such suit, action, claim or proceeding, or may be required to pay by a court of competent jurisdiction as a result of the approval of the Zoning Relief requested by Indemnitor.

3. Indemnitor understands, acknowledges and agrees that the Village of Deerfield may, in its sole discretion, participate in the defense of any such suit, action, claim or proceeding, and such participation shall not relieve Indemnitor of its obligations under this Undertaking.

4. This Indemnity Undertaking contains the entire agreement of the parties and there are no representations, inducements or other provisions other than those expressed in writing herein.

5. The provisions of this Indemnity Undertaking shall be binding upon Indemnitor and Indemnitor’s successors, grantees and assigns.

IN WITNESS WHEREOF, this Indemnity Undertaking has been duly executed this ____ day of ______, 20__21 by Property and Applicant (Indemnitor).

______Commonwealth Edison Company ______Scott Saef, Sidley Austin LLP

______Property Owner ______, Applicant,

By: ______By: ______Name: Name: Scott Saef Title: Title: Partner, Sidley Austin LLP

Page 2 of 2

V I L L A G E O F D E E R F I E L D

I L L I N O I S

ORDINANCE NO. 0 - 68 - 13

AN ORDINANCE AMENDING THE ZONING MAP

OF THE ZONING ORDINANCE OF THE VILLAGE

OF DEERFIELD AND GRANTING A CONDITIONAL

USE ( COMMONWEALTH EDISON COMPANY)

PASSED and APPROVED by the President and Board of Trustees the 1St day of Apri 1 , A. D. 1968.

Published in pamphlet form by authority of the corporate authori- ties of the Village of Deerfield, Illinois, the Ist day of April , A. D. 1968. ORDINANCE NO. 0 - 68- 1

AN ORDINANCE AMENDING THE ZONING MAP OF THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD AND GRANTING A CONDITIONAL USE ( COMMONWEALTH EDISON COMPANY)

WHEREAS, the Plan Commission of the Village of Deerfield, pursuant to proper notice, has held a public hearing upon the request of the owner of certain property ( hereinafter referred to as Parcel 1) proposed to be annexed to the Village to zone or classify said property, which is hereinafter described, in the R - 1 One- Family District and to grant and authorize a conditional use permit with respect to said Parcel 1 and certain other adjoining property hereinafter referred to as Parcel 2; and

WHEREAS, the said Plan Commission has recommended that the President and Board of Trustees amend the Zoning Map of the Zoning Ordinance of the Village of Deerfield so as to zone and classify said Parcel 1 in the R - 1 One- Family District and to authorize and grant a conditional use permit as hereinafter provided; and

WHEREAS, Parcel 1 has been duly annexed to the Village of Deerfield.

NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS:

SECTION That the Zoning Map of the Village of Deerfield included ONE: and made a part of the Village of Deerfield Zoning Ordinance, passed May 4, 1953, as amended, is hereby further amended by zoning and classifying the following described property in the R - 1 One- Family District:

Lot 9 in Downey' s Cook County Country Home Addition to Deerfield, a subdivision of part of the North 1/ 2 of Section 4, Township 42 North, Range 12, East of the Third Principal Meridian according to the plat thereof recorded July 27, 1914, as Document 5464976 in Cook County, Illinois, except that part thereof bounded and described as follows: Commencing at the Southwest corner of said Lot 9; thence North 890 56' 31" East along the South line of said Lot 9 a distance of 66. 28 feet to the point of beginning for said parcel; thence North 890 56' 31" East along the South line of said Lot 9 a distance of 309. 82 feet to the Southeast corner 2 -

of said Lot 9; thence North 250 12' 54" West along the East line of said Lot 9 a distance of 158. 00 feet; thence South 890 56' 31" West distance of 133. 10 feet; thence South 370 23' 50" West distance of 180. 15 feet to the point of beginning.

SECTION That a permanent conditional use permit authorizing TWO: and permitting the use for a public utility facility and all uses normally and customarily accessory thereto, including a transformer station and electric substation, is hereby granted for the following described property:

Parcel 1: Lot 9 in Downey' s Cook County Country Home Addi- tion to Deerfield, a subdivision of part of the North 1/ 2 of Section 45 Township 42 North, Range 12, East of the Third Principal Meridian according to the plat thereof recorded July 27, 1914, as Document 5464976 in Cook County, Illinois, except that part thereof bounded and described as follows: Commencing at the Southwest corner of said Lot 9; thence North 890 56' 31" East along the South line of said Lot 9 a distance of 66. 28 feSt to. the point of beginning for said parcel; thence North 89 56' 31" East along the South line of said Lot 9 a distance of 309. 82 feet to the Southeast corner of said Lot 9; thence North 250 12' 54" West along the East line of said Lot 9 a distance of 158. 00 feet; thence South 890 56' 31" West a distance of 133. 10 feet; thence South 370 23' 50" West a distance of 180. 15 feet to the point of beginning; and

Parcel 2: Lot 10 in Downey' s Cook County Country Home Addi- tion to Deerfield, a subdivision of that part of the North 1/ 2 of Section 4, Township 42 North, Range 12, East of the Third Principal Meridian, in Cook County, Illinois.

The operation and maintenance of such transformer station and accessory use shall be without any restrictions against enlargement, extension, reconstruction, replacement or structural alteration of said : transformer station and the facilities necessary therefor, provided that there shall be compliance with all regulations of the R - 1 One- Family District re- lating to building height, lot coverage, and yards.

SECTION That the Village Clerk is hereby directed to publish THREE: this Ordinance in pamphlet form.

SECTION That this Ordinance shall be in full force and effect FOUR: from and after its passage, app roval and publication, as provided by law.

AYES: F- 0U1;- ( NAYS: NONE ( 0) i ) 4 ABSENT: ONE ( PASS: ONE PASSED this' i st day of Apri T A. D. 1968. APPROVED this ist day of April A. D. 1968.

A TEST : President

Village Clerk